Don’t Be Haunted by Inappropriate Halloween Festivities at Work

These days, business managers may try to lighten the mood in the office by organizing recreational or other pleasurable activities for employees to enjoy. With Halloween fast approaching, you might authorize a party based on this theme or encourage employees to wear costumes to work one day. It's meant to be "all in good fun."

Transcript of "Don’t Be Haunted by Inappropriate Halloween Festivities at Work"

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These days, business managers may try to lighten the mood in the
office by organizing recreational or other pleasurable activities for
employees to enjoy. With Halloween fast approaching, you might
authorize a party based on this theme or encourage employees to
wear costumes to work one day. It's meant to be "all in good fun.“
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However, this innocuous attempt might
cause legal problems for employers,
especially if a costume is considered to be
provocative, demonstrate a political or
social message or is simply inappropriate
for the workplace. It can result in a sexual
harassment claim or other allegation by
the person wearing the costume or by
someone else who is offended by the garb.

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For instance, if a female employee turns up in a costume which is
skimpy or suggestive in some way this could lead to lewd comments
and unwanted physical contact. Other costumes -- such as those
portraying an illegal alien, homeless person or member of some other
group or class -- might spawn charges of racial, ethnic, religious or age
discrimination. And, in this emotionally charged political climate, a
costume based on a well-known political figure may trigger arguments.
Does this mean employers should strictly prohibit employees from
wearing Halloween costumes and fire those who do? Not necessarily,
but there are several steps you can take to reduce the risk of litigation.
Here are seven tips to consider implementing, which could help your
organization avoid a legal pitfall:
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1. Establish clear guidelines
Before the workplace festivities take place, issue a memo on what is
expected of employees. The details may depend on the particular
culture of the company, but they should be geared towards a
reasonable person's sensitivities. Just because "you've always done it
that way before" doesn't make it right or appropriate.

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2. Remind employees the office is still a place of business.
In other words, they should act professionally at all times. This is
especially important if customers or clients are also present on the
business premises. Furthermore, be mindful of any safety concerns and
restrict costumes to just clothing, rather than props.

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3. Avoid political rhetoric.
Some people might be offended if costumes depict well-known political
figures whether positively or negatively. Even a costume or mask which
might seem harmless to most people could inflame passions in another,
so it's generally better to skip this area altogether.

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4. Take a modern view.
Some costumes which would not raise any eyebrows in the past could
be problematic today. For instance, costumes may be offensive simply
because of the racial or cultural stereotypes they suggest. Instruct
employees to be respectful of other people's heritage and religions.

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5. Ask for input about past Halloween activities.
You may assume workers weren't offended in prior years, only to find
out certain costumes were widely considered to be insensitive. Take an
informal poll and react accordingly.

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6. Outline disciplinary measures.
The guidelines should cover behavior which will not be tolerated. Use
this opportunity to reinforce company policy and procedures concerning
sexual harassment. If any punishments must be handed out, they should
be applied on a consistent basis. In the event someone ignores the
guidelines and shows up in an inappropriate costume, ask them to
change immediately.

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7. Practice what you preach.
Workers may look at managers to see how they adhere to the
guidelines. Try to set a good example. If you think a particular costume
is "borderline," play it safe and opt for an alternative. Finally, keep a
watchful eye on the proceedings.

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If you think reasonable guidelines will be difficult to enforce, you might
shift to another type of activity like a potluck lunch or allowing only
children of employees or customers to trick-or-treat in the workplace.
Although you still want to get into the spirit of the Halloween season, a
contentious lawsuit could haunt you for a long time to come.
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